Posts tagged as:

guns

  • Under new Illinois law, third offense of tossing cigarette to ground will be a felony [Andrew Stuttaford]
  • “The New York Times calls for prosecutors to establish an ‘open file’ policy to combat prosecutorial misconduct.” [Nicole Hyland, LEF; New York Times; Radley Balko, whose column at the Washington Post has now launched]
  • “Three Arrests Illustrate the Impact of New York’s Silly Seven-Round Ammunition Limit” [Jacob Sullum]
  • Forfeiture reform on the agenda in Michigan? [John Ross/Reason, Institute for Justice, earlier]
  • Speaking of law enforcement for profit, more on the proliferation of fees and third-party collectors that can land minor miscreants in “debtors’ prison” [Fox News; related, Balko]
  • “Want to stop repeats of Columbine and Newtown? Deprive mass killers of the spotlight. Can the media do that?” [Ari Schulman, WSJ via @garyrosenwsj]
  • “She’s regretted the lie that sent him to prison ever since.” [NY Mag]

They appear to be going nowhere in state legislatures:

A mandate for gun buyers could be more challenging than for drivers, given insurers’ aversion to the risk from assaults. That compares with U.S. auto insurance, where companies spend more than $5 billion a year to win customers in a $178 billion market.

“That’s why things like mandatory auto insurance kind of work, because you’ve already got a highly functional market and it’s a matter of herding the last stragglers into it,” Walter Olson, a senior fellow at the Cato Institute, a think tank dedicated to limited government, said in an interview. “But when there is no functional insurance market at all for some kind of risk, it’s a different question.”

It doesn’t help that the ObamaCare episode has raised public resistance to the idea of mandatory insurance. Related: even two authors somewhat favorably disposed toward the idea, and who believe it might be enacted in some forms without overstepping the Constitution, predict its effect in reducing injury by deterring negligent gun handling would “probably not be very great.” [Stephen Gilles and Nelson Lund, Regulation magazine (Cato, PDF)]

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Genealogy note

by Walter Olson on October 31, 2013

On Hallowe’en I often recall my ancestor Lydia Gilbert of Windsor, Ct., convicted of witchcraft in 1654 and probably executed (accounts here, here). Three years earlier Henry Stiles had been killed by an apparently accidental discharge of the firearm of neighbor Thomas Allyn, and three years later Lydia was charged with being the true cause of this misadventure. In modern American law we might call that third-party liability. And from a few years ago, a durable favorite post: “Toronto schools: Halloween insensitive to witches.”

  • Reminder: Second Amendment rights run against the government, not against your employer or other private parties [Eugene Volokh]
  • Invasion of privacy? Employees continue to win awards and settlements by way of surreptitious recording devices in workplace [Jon Hyman]
  • Gov. Brown signs bill creating overtime entitlement for California nannies, private health aides [Reuters, L.A. Times]
  • Does rolling back a benefit under a public employee pension plan violate the Contracts Clause? [Alexander Volokh, Reason Foundation]
  • Even as anti-bullying programs backfire, some propose extending them to workplace [Hans Bader, CEI, earlier]
  • Background on Harris v. Quinn, SCOTUS case on herding family home carers into union fee arrangements [Illinois Review, earlier]
  • “California unions target business-friendly Dems” [Steve Malanga]

The practice of destroying guns seized by police makes approximately as much sense as shredding money that falls into local governments’ hands, unless, like the Chicago police department, you adopt the view that “guns are the equivalent of free-roaming cobras, being lethal and unmanageable by any means except elimination.” [Steve Chapman, syndicated]

“…based their search on a charge made by [his] estranged wife.” What, no armored vehicles? After tearing up the Georgetown home of businessman Mark Witaschek, police say they found some ammunition — which is unlawful to possess in D.C., even spent shells and casings, unless you are a licensed gun owner — but Witaschek says he is standing on principle and turned down a probation plea. [Washington Times]

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Sending fake gunmen into schools as an exercise? Have authorities lost their mind? [Jennifer Abel, Anorak via Brian Doherty]

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“…You Must Keep Your Guns Locked Up,” on pain of criminal punishment. At least that’s the import of an odd new California measure signed into law by Gov. Jerry Brown. [Eugene Volokh]

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October 14 roundup

by Walter Olson on October 14, 2013

  • “Kerr received a 37-page temporary restraining order last Friday which seeks to shut down her [too-popular] haunted house.” [Silver Spring, MD; ABC News]
  • Blockbuster “60 Minutes” on the federal Social Security disability program, if you haven’t seen it yet [CBS; Chris Edwards, Tad DeHaven at Cato; ABA Journal on Kentucky lawyer and more]
  • Chevron complaint against attorney Donziger over Ecuador shenanigans reaches trial Tuesday [Daniel Fisher] More: Michael Goldhaber, American Lawyer (“A Dickensian Cheat Sheet”);
  • Ombudsman on South Dakota Indian foster care case: NPR “reporters and producers tried to push the story beyond the proof that they had. I don’t know why.” [NPR ombudsman]
  • In America we use lawyers for that: “Rabbis Arrested in Plot to Kidnap, Torture Husbands to Force Divorce” [WSJ, CNN] From 1845, a British judge’s exquisitely arch observations on the then state of divorce law [Sasha Volokh]
  • “Salvage company that lost $600M sunken ship case must pay $1M to Spain for ‘abusive litigation’” [ABA Journal]
  • How Canada lost gun freedom [Pierre Lemieux, Liberty and Law]

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Free speech roundup

by Walter Olson on October 3, 2013

  • University of Montana professors who refuse Title IX training to be reported to federal government [FIRE, more, Missoulian] Professor yanked from public-university classroom over offensive out-of-class tweet [Popehat, Peter Bonilla/FIRE]
  • Preacher/historical fantasist/horrible human being Scott Lively has probably accomplished more actual evil in life than the picketers of the Westboro Baptist Church, yet it raises disturbing First Amendment questions to let him be sued in U.S. court for having urged foreign governments to be more oppressive [NBC News]
  • Speaking of wacky preachers, Florida sheriff says Terry Jones arrested for unlawful fuel transport and open gun carry, not because anyone disagreed with his speech [Orlando Sentinel, Volokh]
  • Critical speech annoys elected officials and that’s one reason we keep having to fight about campaign regulation [Barton Hinkle, Brad Smith on McCutcheon case, Ilya Shapiro on Susan B. Anthony List v. Driehaus]
  • Minnesota: “Ban on ‘Advis[ing or] Encourag[ing] … Another’ to Commit Suicide Violates First Amendment” [Eugene Volokh] Pennsylvania: “Crime to ‘Disparag[e]‘ an Under-18-Year-Old ‘With Intent to Harass’?” [same] Liking Facebook page presumptively protected speech [same] Veto override fails, so Missouri won’t enact proposed ban on publishing names of gun owners or concealed carry permit holders [same, followup]
  • Danish-Iranian artist convicted of “racism” after critical comments re: Muslim men [Copenhagen Post via @ClaudiaHajian]

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Guns roundup

by Walter Olson on September 16, 2013

  • On Tuesday, Sen. Dick Durbin convenes hearing intended to bash “Stand Your Ground,” ALEC, and anyone associated with either; keep an eye on the testimony of my Cato colleague Ilya Shapiro who may prove more than a match [Sun-Times, Tuccille, Keating; background; hearing now postponed] Accuracy problems dog Coalition to Stop Gun Violence on SYG [John Hinderaker, PowerLine] Demagoguing Lane, Belton slayings is no way to “balance” media skew on Martin/Zimmerman [Ann Althouse]
  • Following “finger-gun” episode at another Maryland school: “Gun gesture leads to suspension for Calvert sixth-grader” [WaPo, earlier] Why a mom changed her mind on letting kid play with toy guns [C. Gross-Loh, The Atlantic]
  • Advocacy play-by-play: “A how-to book on inciting a moral panic” [James Taranto]
  • If you think gun liberties are shrinking overall in America, check out this map [Volokh] “Illinois Supreme Court: Second Amendment Protects Carrying Outside the Home” [Volokh] “Chicago abolishes gun registry in place since 1968″ [Reuters]
  • Forthcoming Nicholas Johnson book “Negroes and the Gun: The Black Tradition of Arms” [Law and Liberty]
  • Database cross-checks put California on slippery slope confiscation-wise [Steven Greenhut]
  • Cato amicus brief: Supreme Court should clarify that the Second Amendment “protects more than the right to keep a gun in one’s home.” [Shapiro, Cato; Woollard v. Gallagher, Maryland]

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Gun permits for the blind

by Walter Olson on September 13, 2013

Assuming gun ownership should be licensed at all — a big if — there are imaginable scenarios in which a legally blind person might legitimately fire a gun in self-defense or participate in target shooting at a range. Wisconsin is even said to smile officially on hunting by blind persons, presumably to the benefit of those visually impaired who can distinguish partridge sounds in the underbrush from people sounds. To officials in Iowa, however, the issue is pre-decided: “State law bans officials from discriminating against the blind on the basis of their disability, and hence a gun permit cannot be denied solely on that basis, officials tell the [Des Moines Register].” [ABA Journal, Daily Caller [Wisconsin], Lowering the Bar]

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Next time someone says big money calls all the shots in American politics, remember that an 8-1 money advantage fueled by Michael Bloomberg and other national donors wasn’t enough to save the seats of two lawmakers who’d helped push a gun-control package through the Colorado Senate, thus infuriating constituents in a marginal Colorado Springs district and in the blue-collar Democratic stronghold of Pueblo. [Denver Post, David Kopel, Volokh Conspiracy, The Denver Channel]

Meanwhile, New York City Democratic primary voters decided against nominating whited sepulcher Eliot Spitzer as the city’s next comptroller, thus foiling Spitzer’s plan to get his hands on billions of pension fund dollars with which to engage in grandstanding and litigation [WABC, Lawrence Cunningham]

P.S. Less happily, voters in Richmond, Calif. are going to let the city administration proceed with a scheme to seize underwater mortgages by use of eminent domain [Daniel Fisher, more, earlier]

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Operationally, it may function that way, if Barton Hinkle’s analysis is right. That would at least explain why Mayor Bloomberg would feel confident about his consistency in favoring both, though it leaves unexplained why the left-right polarities in so many other quarters should reverse so sharply between the one issue and the other.

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Strong-arming gun makers to act against their perceived business interests, as well as those of their customers:

…in retrospect, there were a few clues that Spitzer was eying a job whose duties include managing the city’s pension funds…

In December, after the school massacre in Newtown, Conn., Spitzer wrote a column in the online publication Slate arguing that pension funds should use their investing clout to pressure corporations such as gunmakers to act in the public interest.

New York City’s comptroller, Spitzer said in the interview, is “a significant player in terms of the pension funds and how those shares are voted. And when I speak with folks about corporate governance, the missing link in all of this has been ownership.”

Eliot Spitzer has long been a key player in efforts to intimidate lawful gun manufacturers through both strained litigation theories and hamhanded attempts at economic pressure. The NYC comptroller’s office, with its sway over billions in pension fund money, would present him with a large sandbox indeed.

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Guns roundup

by Walter Olson on June 24, 2013

  • Bloomberg’s Mayors Against Illegal Guns blurs lines between 501c(4), New York City government sponsorship [Politico]
  • “Ordinary purposes” of derringer include carrying it around routinely with safety not engaged, argue lawyers in product liability case [Abnormal Use]
  • Connecticut’s confiscatory law: “State took guns of man for mischief night egg fight” [Greenwich Time]
  • “This kind of insurance doesn’t even exist.” Concern over D.C. councilor Mary Cheh’s proposal for mandatory $250K coverage for gun owners [Washington Times]
  • $60K New York City fine for tourist shop that sold gun-shaped lighters [Reason]
  • And more annals of gun hysteria: “Suspension over gun-shaped toaster pastry is now permanent mark on kid’s record” [Eric Owens, Daily Caller] Episode of Lego-sized toy gun ends more happily [LtB] “‘Playing with Toy Guns Desensitizes Children to Using Real Guns…’ Uh, Sez Who?” [Free-Range Kids]
  • “Defense of mass surveillance = defense of more gun control: To get bad guys, treat EVERYONE like a criminal.” [@ABartonHinkle]

David Bosco, assistant professor at American University and contributing editor at Foreign Policy magazine, tweeting about the U.N. international small arms treaty that’s met with intense opposition from some gun-rights groups:

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